”' Smith v. Mt. Hawley Insurance Co., Case No: 8:22-cv-1386-CEH-TGW, 2022 WL 16856418, at *5 (M.D. Fla. Nov. 10, 2022) (quoting Lipcon v. Underwriters at Lloyd's, London, 148 F.3d 1285, 1297 (11th Cir. 1998)). “Only remedies that are ‘so wholly inadequate that enforcement of the forum selection clause would be fundamentally unfair' render a chosen forum inadequate.” Lebedinsky v. MSC, S.A., 789 Fed.Appx. 196, 203 (11th Cir. 2019) (quoting Lipcon, 148 F.3d at 1297). A forum will be considered adequate so long as the forum “provides for litigation of the subject matter of the dispute and potentially offers redress for plaintiff's injuries
In Feggestad v. Kerzner Int'l Bahamas Ltd., 843 F.3d 915, 917 (11th Cir. 2016), for example, the court concluded that a reservation confirmation email that included a hyperlink advising guests to view other terms and conditions provided sufficient notice of a forum selection clause; the court emphasized that nothing prevented guests from clicking on the link. See also Lebedinsky v. MSC Cruises, S.A., 789 Fed.Appx. 196, 201 (11th Cir. 2019) (same, where passengers were required “to follow two hyperlinks and then scroll down to locate the forum selection clause”); Pappas v. Kerzner Int'l Bahamas Ltd., 585 Fed.Appx. 962, 966 (11th Cir. 2014) (same); Muniz v. Fenix Int'l Ltd., 1:20-cv-3200-LMM, 2021 WL 3417581, *3 (N.D.Ga. June 28, 2021) (hyperlink at bottom of company's website was sufficient to convey terms and conditions of contract). Similarly, in Koswire, Inc. v. Alpha Stainless, Ltd., 2:18-cv-00047-RWS, 2018 WL 8368847, *8-9 (N.D.Ga. Aug. 1, 2018), the court rejected an argument that the terms and conditions were not reasonably communicated because they were not actually given to the plaintiff.
However, courts require a high burden of proof to negate a forum-selection clause for inconvenience when the parties already contemplated the claimed inconveniences. Lebedinsky v. MSC Cruises, S.A., 789 Fed.Appx. 196, 202 (11th Cir. 2019). Plaintiff states that if the clause is enforced, she will need to “hire counsel licensed in Minnesota, frequently travel to Minnesota, secure lodging and transportation for each visit, request days off from work in order to travel, and transport witnesses and evidence to Minnesota[.]”